HomeMy WebLinkAbout20060769.tiff RESOLUTION
RE: AUTHORIZATION FOR THE WELD COUNTY ATTORNEY TO PROCEED WITH LEGAL
ACTION AGAINST RONALD GRAFF FOR VIOLATION OF THE WELD COUNTY CODE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, Ronald Graff, VI#0600048, is allegedly in violation of the Weld County Code,
and
WHEREAS, despite efforts by the Planning staff to resolve said matter, the violation has
not been corrected, and
WHEREAS, on the 14th day of March, 2006, a public hearing was held before the Board
of County Commissioners for the purpose of hearing testimony relating to said violation, and
WHEREAS, Pete Crone, representative, was present at said hearing, and
WHEREAS,the Board of County Commissioners deems it advisable to refer said violation
to the Weld County Attorney's Office for legal action, with an instruction for delay of action upon
such referral until May 14, 2006, to allow adequate time for the property owner to complete all
inspections and a Certificate of Occupancy issued to bring the subject property into compliance.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that VI #0600048 be, and hereby is, referred to the Weld County Attorney's
Office for legal action against Ronald Graff to remedy the violation of the Weld County Code, and
any other persons occupying the properties, any persons claiming an interest in the properties, and
any persons acting in active concert with the identified parties,with an instruction for delay of action
upon such referral until May 14, 2006, to allow adequate time for the property owner to complete
all inspections and a Certificate of Occupancy issued to bring the subject property into compliance.
2006-0769
PL0824
PO' 03-.30_00
VIOLATIONS -VI #0600048 - RONALD GRAFF
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 14th day of h,.D., 2006.
,,t\\ IELOARD OF COUNTY COMMISSIONERS
LD COON /', COLORADO
ATTEST:
Weld County Clerk to the Bo 4i j . J
BY: 4 1 Et(dc David E. Long, Pro-Tem
D ut Cle ' to the Boar
Wil m H. Jerke
APP DASTOF Qt
Robert D. Mas en
C y P ttorney �L VCS
Glenn Vaad
Date of signature: 312-1 I0Cc
2006-0769
PL0824
Weld County Violation Summary
Building Compliance Officer Peggy Gregory
BASIC INFORMATION
Property Owner: Ronald D Graff
Violation: VI-0600048 Building Permit Number: PRN-053049
Address: 43820 Highway 34, Orchard, CO 80649
Legal: Part of the NE4 of Section 29, T4N, R61W of the 6th P.M., Weld County, Colorado
Location: Y mile South of Highway 34, 1 mile East of County Road 87
North: Agricultural property
South: Agricultural property
East: Agricultural property
West: Agricultural property
Parcel Number: 1047-29-1-00-001 Acres: 2.68
Certified mail date: February 10, 2006 Received: February 22, 2006
Currently the property is in violation of:
Chapter 29, Article VII, Section 29-7-130
REMEDY
To bring the property into compliance, the permit to relocate an existing manufactured home on an unfinished
basement shall have all inspections completed and a certificate of occupancy issued.
RECOMMENDATION
The Department of Planning Services recommends that this case be referred to the County Attorney but
delay action for 30 days to allow Mr. Graff time to complete all inspections and receive a certificate of
occupancy.
CASE HISTORY
August 23, 2005 Permit issued, notice of expiration date signed by Mr. Graff.
January 31, 2006 Letter to remind of February 19, 2006, expiration date
February 10, 2006 Phone call from Mr. Graff requesting an extension of his permit. I explained we
cannot grant extensions per the Weld County Code but would schedule a meeting
with the Board of County Commissioners.
February 11, 2006 Certified letter mailed indicating the violation case is scheduled before the Board of
County Commissioners.
2006-0769
b DEPARTMLAT OF PLANNING SERVICES
p4oftBuilding Compliance Division
NORTH OFFICE
918 10th Street, Greeley, CO 80631
I pgregory@co.weld.co.us
WI D Phone: (970) 353-6100, Ext. 3568
C. Fax: (970) 304-6498
SOUTHWEST OFFICE
COLORADO 4209 CR 24.5, Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720) 652-4211
February 10, 2006
RONALD D GRAFF
43820 HWY 34
ORCHARD CO 80649
Subject: VI-0600048, Part of the NE4 of Section 29, T4N, R61 W, of the 6th P.M., Weld County, Colorado
Dear Mr. Graff:
The property referenced above remains in violation of the Weld County Code. I have scheduled a meeting
with the Board of County Commissioners on March 14,2006, at 10:00 a.m., to consider the violations. The
property is in violation of the following Section(s) of the Weld County Code:
Section 29-7-130 "Certificate of occupancy"
To bring your property into compliance:
All inspections shall be completed and a certificate of occupancy issued on the permit
for the factory built home.
This meeting will take place at the Weld County Planning Department Office, 918 10th Street, Greeley,
Colorado. It is recommended that you or a representative be in attendance at this meeting to answer any
questions the Board of County Commissioners might have regarding the violation.
The Department of Building Inspection will be recommending that the Board of County Commissioners
authorize the County Attorney to proceed with legal action to remedy the violation. Our records indicate that
you were made aware of the nature of the violation, the action necessary to correct the violation, and that you
were given sufficient time to remedy the violation. If you have any questions concerning this matter, please
contact me at the above address, telephone number or e-mail address.
S.
Peggy Gregory
Building Compliance Officer
pc: VI-00600048
PRN-053049
SERVICE,TEAMWORK, INTEGRITY,QUALITY
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or Po Box No. 43820 HWY 34
City,State,ZIP aOrchard CO 80649
PS Form 3800,June 2002 See Reverse for Instructions
SENeE': C•M.-LETETHISSECTIsN COM•LETETHISSecn• •N .EuvE•Y
• Complete items 1,2,and 3.Also complete A. Signa•
item 4 if Restricted Delivery is desired. X / O Agent
• Print your name and address on the reverse 4'"' 0 Addressee
so that we can return the card to you. B. Received by(Printed eme) C. Date of Delivery
• Attach this card to the back of the mailpiece,
or on the front if space permits. 4/..1 • ;: A 66-d l-04
D. Is delivery address different from item 1? 0 YY
1. Article Addressed to: If YES,enter delivery address below: No
RONALD D GRAFF
43820 HWY 34
ORCHARD CO 80649
3. Service Type
Certified Mail 0 Express Mail
❑Registered 0 Return Receipt for Merchandise
❑ Insured Mall 0 C.O.D.
4. Restricted Delivery?(Extra Fee) O Yes
2. Article Number 70014 2890 0003 5709 148214
(Transfer from service Zabel
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
4 DEPARTMENT OF PLANNING SERVICES
!' Building Compliance Division
�, NORTH OFFICE
918 10th Street
wilpe Greeley, CO 80631
pgregory@co.weld.co.us
Phone: (970) 353-6100, Ext. 3568
Fax: (970)304-6498
COLORADO SOUTHWEST OFFICE
4209 CR 24.5
Longmont, CO 80504
Phone: (720) 652-4210, Ext. 8730
Fax: (720)652-4211
January 31, 2006
RONALD D GRAFF
43820 HWY 34
ORCHARD CO 80649
Subject: Permit# PRN-053049— Part of the NE4 of Section 29, T4N, R61W of the 6'h P.M.,
Weld County, Colorado
Dear Mr. Graff:
This notice is to remind you that the above noted permit to relocate a factory built home on an unfinished
basement at 43820 Highway 34 will expire on February 19,2006, and all required inspections have not been
completed. Section 29-7-130 of the Weld County Code states that a certificate of occupancy shall be obtained
on all mobile, manufactured, or factory-built homes no later than one hundred eighty (180) days after the
permit is issued. In the event the certificate of occupancy is not issued by the expiration date,a meeting may
be scheduled with the Board of County Commissioners to review the violation. The Board will determine if an
extension is warranted or if the case should be referred to the County Attorney for legal action.
For inspections you may call our 24-hour inspection request line at 1-800-234-2534 or 970-356-8016. If you
have any questions, I may be reached at 970-353-6100, Ext. 3568. Thank you for your cooperation in this
matter.
Sincerely,
grit Art
Peggy gory
Building Compliance
pc: PRN-053049
SERVICE,TEAMWORK,INTEGRITY,QUALITY
...Li...),
rte, DEPARTMENT OF BUILDING INSPECTION
PHONE (970) 353-61O0, EXT.3540
FAX (970) 304-6498
WEBSITE: www.co.weld.co.us
918 1OTH STREET
Willpe
GREELEY, COLORADO 80631
4209 CR 24.5
LONGMONT CO 80504
COLORADO
Building permit \).N ' 055(-)L404 for a factory-built/manufactured/mobile
home at (-}'?)-3 qn H` &,.,_\ tl ` is being issued on ? q3 Io5 .
Section 29-7-130 of the Weld County Code states:
"The certificate of occupancy shall be obtained no later than one hundred
eighty(180) days after the permit is issued. Failure to obtain the certificate of
occupancy within the one-hundred-eighty-day period will be sufficient reason
to consider the mobile, manufactured or factory-built home in violation of this
Building Code."
If all inspections are not completed and a Certificate of Occupancy issued by
a Certified letter will be mailed to the property owner as notification of the date and time the
violation case is scheduled before the Board of County Commissioners. It is at the
discretion of this Board whether you will have additional time to complete the remaining
inspections.
Res ectfully,
Roger Vigil
Building Official ��
Signed: ill
Relationship to Propert caner:
cc: Building Compliance Officer Office Tech ,�� kt ki i,
Building Permit File Date � ta,g `-,
g; 11111 BIRO Jill!X1111111111 IN III IIII!III!III!3245879 12/21/2004 11:14A Weld County, CD
1 of 2 R 11.00 D 6.00 Steve Moreno Clerk& Recorder
WHEN RECORDED RETURN TO:
Name: Ronald D. Graff
Address: 43820 US Hwy 34
Orchard, CO 80649
WARRANTY DEED
THIS DEED, made this 17th day of December, 2004, between Leroy D. Peterson and Patty A.
Peterson whose address is 43776 Hwy 34, Orchard, CO 80649, grantor, and Ronald D.
Graff whose legal address is 43820 US Hwy 34, Orchard, CO 80649, grantee:
WITNESSETH, that the grantor, for and in consideration of the sum of$60,000.00, the receipt
and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs
and assigns forever, all the real property, together with improvements, if any, situate, lying and
being in the said County of Weld and State of Colorado described as follows:
Lot A, RECORDED EXEMPTION NO. 1047-29-1 RE 3853, recorded November 30, 2004 at
Reception No. 3239513, being a part of the Northeast Quarter of Section 29, Township 4 North,
Range 61 West of the 6th P.M., County of Weld, State of Colorado.
Together with ingress and egress over the easterly 15' of Lot B of the same recorded exemption
plat.
also known by street and number as: 43820 US Hwy 34, Orchard, CO 80649
TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in
anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues
and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the
grantor, either in law or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his
heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the
grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he
File Number: 20045914 STEWART TITLE D�F —
Stcwan Title of Lanmer County,Inc. 00
Warranty Deed—Photographic Record(Individual) .$ G.
Page 1 oft 2Ob(4�C1 l�
INDIO!! 11111Villa 11111 Ill 11111 VIII
3248879 12/21/2004 11:14A Weld County, CO
2 0l 2 R 11.00 D 8.00 Steve Moreno Clerk A Recorder
is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible
estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to
grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are
free and clear from all former and other grants, bargains, sales, liens, taxes, assessments,
encumbrances and restrictions of whatever kind or nature soever, except
General taxes for the year 2003 and subsequent years; and those specific exceptions described by
reference to recorded documents as reflected in the Title Documents accepted by Grantee(s) In
accordance with Section 8a(Title Review) of the Contract to Buy and Sell Real Estate relating to
the above described property; distribution utility easements (including cable TV); those
specifically described rights of third parties not shown by the public records of which Grantee
has actual knowledge and which were accepted by Grantee(s) in accordance with Section 8b
(Matters not shown by the Public Records) and Section 8c (Survey Review) of the Contract to
Buy and Sell Real Estate relating to the above described real property, inclusion of the property
within any special tax district; and, the benefit and burdens of any declaration and party wall
agreements, if any.
General taxes for 2003, payable in 2004, and except restrictions, reservations, rights of way, and
easements of record, or in place.
The grantor shall and will WARRANTY AND FOREVER DEFEND the above-bargained
premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all
and every person or persons lawfully claiming the whole or any part thereof. The singular
number shall include the plural, the plural the singular, and the use of any gender shall be
applicable to all genders.
IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above.
Xe /cS L -
L roy D. eterson Patty A.c7eterson
STATE OF Colorado
COUNTY OF Weld
The foregoing instrument was acknowledged before me this 17th day of December, 2004,
by Leroy D. Peterson and Patty A. Peterson
M conunisssionexpires June 18, 2005. Witness my hand and official seal.
J 1.Lk.Notaryjw1thtD
Public: Rhonda D. Renouf
(11.!..Y.. PUe
RHONDA D.
RENOUF
File Number: 20045914 L .
Stewart Title of Lanmer County,Inc. 112;....
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Warranty Deed-Photographic Record(Individual) TF.... ,,. ''..c-' 9Z%.
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